Barrett

After the remittiturs were filed in Andrews v. Barrett, 100 Cal. App. 801 [ 281 Pac. 79 ], and Andrews v. City of Piedmont, 100 Cal. App. 700 [ 281 Pac. 78 ], two companion cases, the plaintiff again applied for the building permit which was the subject matter involved in those two actions. His last application was not granted because a new ordinance had been passed. He then commenced a contempt proceeding. The trial court entered a judgment of contempt against R. H. Barrett, as building inspector, and against the City of Piedmont. Thereafter they applied to this court for a writ of review.

The ordinance under consideration in the two cases above cited was No. 268. Those cases were commenced on March 29, 1928. On March 21, 1929, Ordinance No. 315 was passed. The questions before the court in the case at bar turn on the effect, if any, that the provisions of the new ordinance have on the rights of the parties in the two cases cited.

As stated above, the City of Piedmont and its officers rely on the provisions of the new ordinance. The property owner, F. A. Andrews, contends that the latter ordinance has no effect whatever, that his application for a permit should have been…